Coverage of the Herrera v. Wyoming argument, here.
The Atlantic: “Can Congress Void a Tribal Treaty Without Telling Anyone?”
Coverage of the Herrera v. Wyoming argument, here.
Author: Matthew L.M. Fletcher
Neoshia Roemer on the Conflict between ICWA and the Interstate Compact on the Placement of Children
MSU ILPC’s own Neoshia R. Roemer has published Finding Harmony or Swimming in the Void: The Unavoidable Conflict Between the Interstate Compact on the Placement of Children and the Indian Child Welfare Act. [PDF]
Here is the abstract:
The Indian Child Welfare Act is a federal statute that applies to Indian children who are at the center of child welfare proceedings. While the Indian Child Welfare Act provides numerous protections to Indian children, parents, and tribes, many of these cases play out in state courts which are also required to apply their own requisite, relevant state laws. However, sometimes friction between the Indian Child Welfare Act and state-law provisions arise where state law provisions may seem in accord with the statute but actually contradict it, such as in the case of the Interstate Compact on the Placement of Children. This Article surveys the Interstate Compact on the Placement of Children’s provisions and discusses the friction that exists between it and the Indian Child Welfare Act. Ultimately, this Article argues that because the Interstate Compact on the Placement of Children is a state administrative procedure that may alter that status of child welfare proceedings, the Indian Child Welfare Act should preempt the Compact where it is applicable.
Federal Court Allows Lacey Act Indictment of Fla. Seminole Member to Proceed [sale of alligator eggs]
Here are the materials in United States v. Turtle (M.D. Fla.):
Federal Court Dismisses Complaint Asking an Order to Force Oneida Business Committee to Hold Meeting on Per Caps
Here are the materials in Dallas v. Hill (E.D. Wis.):
WaPo: “Pundits who decry ‘tribalism’ know nothing about real tribes”
Here.
D.C. Circuit Strikes Down Tribal Rural Limitation on Broadband Lifeline Project
CNN: “European colonizers killed so many Native Americans that it changed the global climate, researchers say”
Here.
National Indian Law Library Bulletin (1/31/2019)
Here:
The National Indian Law Library added new content to the Indian Law Bulletins on 1/31/19.
U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petitions for certiorari were filed recently in:
King Mountain Tobacco Company, Inc. v. United States (Tobacco; Federal Taxation)
Mitchell, et al. v. Tulalip Tribes of Washington (Tribal Authority to Tax)
Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Agua Caliente Band of Cahuilla Indians v. Riverside County (Indian Trust Lands – Possessory Interest Tax)
Stillaguamish Tribe of Indians v. Washington (Jurisdiction; Tribal Sovereign Immunity)
United States of America v. Merle Denezpi (Double Jeopardy)
Winnemucca Indian Colony v. United States of America, Department of the Interior (Attorneys’ Fees; Equal Access to Justice Act)
State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
In re Interest of Audrey T. (Indian Child Welfare Act – Expert Witnesses)
Chemehuevi Indian Tribe v. Mullally (Attorneys’ Fees)
In re Interest of Mercedes L. (Indian Child Welfare Act – Application of)
Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html
- Accessing traditional Kipuka: Protecting the storehouse of knowledge through the rule of law.
- Stolen or lawful? A case review of an Indian tribe’s claim to aboriginal land in California.
- A clash between culture and law: A comparative look at the conflict between quiet title actions in Hawaii, the Kuleana Act of 1850, and the displacement of Indigenous people.
- Best interest of the child.
- Beyond VAWA: Protecting Native Women from sexual violence within existing tribal jurisdictional structures.
- Agency pragmatism in addressing law’s failure: The curious case of federal “deemed approvals” of tribal-state gaming compacts.
- America’s big league national monuments: Can President Trump make them smaller?
News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Economic Development section, we feature an article about proposed legislation in Arizona restricting sports betting to tribal gaming facilities.
U.S. Legislation Bulletin
https://www.narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were introduced:
- S.207: A bill to enhance tribal road safety, and for other purposes.
- S.209: A bill to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes, and for other purposes.
- S.210: A bill to amend the Tribal Law and Order Act of 2010 and the Indian Law Enforcement Reform Act to provide for advancement in public safety services to Indian communities, and for other purposes.
- S.211: A bill to amend the Victims Crime Act of 1984 to secure urgent resources vital to Indian victims of crime, and for other purposes.
- S.212: A bill to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
- S.216: A bill to provide for equitable compensation to the Spokane Tribe of Indians of the Spokane Reservation for the use of tribal land for the production of hydropower by the Grand Coulee Dam, and for other purposes.
- S.224: A bill to provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes.
- S.227: A bill to direct the Attorney General to review, revise, and develop law enforcement and justice protocols appropriate to address missing and murdered Indians, and for other purposes.
- S.229: A bill to provide advance appropriations authority for certain accounts of the Bureau of Indian Affairs and Bureau of Indian Education of the Department of the Interior and the Indian Health Service of the Department of Health and Human Services, and for other purposes.
- S.256: A bill to amend the Native American Programs Act of 1974 to provide flexibility and reauthorization to ensure the survival and continuing vitality of Native American languages.
- S.257: A bill to provide for rental assistance for homeless or at-risk Indian veterans, and for other purposes.
- H.R.729: To amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
- H.R.779: To clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Relations Act.
- H.R.773: To provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe.
- H.R.759: To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes.
H.R.871: To expand the boundaries of the Bears Ears National Monument, to ensure prompt engagement with the Bears Ears Commission and prompt implementation of the Proclamation establishing the Bears Ears National Monument, and for other purposes.
Federal Court Rejects Counties/Cities & Tribe’s Motions in LTBB Reservation Boundaries Case
Here are the orders in Little Traverse Bay Bands of Odawa Indians v. Whitmer (W.D. Mich.):
554 dct order on defendants’ motion
555 dct order on tribe’s motion
Materials here.
Michigan Governor’s Office of Legal Counsel — Summer Clerkship Program [Feb. 22, 2019 deadline]
Summer Clerkship Program
Office of Legal Counsel
Office of the Governor, State of Michigan
Description: Lawyers in the Office of Legal Counsel serve as the Governor’s attorneys, providing analysis and advice on all legal and policy issues that involve the Governor. This includes a wide array of functions, including interpreting federal and state laws, advising the Governor and senior staff on legislation that may impact the powers and authorities of the Governor and the Governor’s office, and serving as the Governor’s lead advocate on litigation involving the Governor’s office and state agencies.
Law Clerks may assist attorneys in the Office of Legal Counsel with the following:
• Reviewing major litigation;
• Monitoring, researching, and drafting legislation;
• Researching and drafting Executive Orders and Executive Directives;
• Reviewing and advising on extradition, clemency, and other criminal matters and ethics issues; and
• Representing and advising the Governor in tribal-state relations
Candidates who have completed their first or second year of law school will be selected based on the following criteria:
• Exceptional legal research, writing, and communication skills;
• Ability to work in a fast-paced environment; and
• Ability to respond to a variety of legal issues that arise daily, requiring quick research, analysis, and response
Instructions for Applicants:
Applicants should send a resume, cover letter, transcript, writing sample, and one letter of recommendation by mail or email to the address below. The deadline for applications is February 22, 2019.
Wenona Singel
Deputy Legal Counsel
Office of the Governor, State of Michigan
George W. Romney Building
111 S. Capitol Avenue
Lansing, MI 48909
Turtle Talk 
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